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HomeMy WebLinkAboutCC Legislation (Version 3)File Number: 06-01657x1 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.7.2, REDUCTION IN PARKING REQUIREMENTS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT WHEN LOCATED IN COMMUNITY REVITALIZATION DISTRICTS (CRD), TO ALLOW THE CONSTRUCTION OF A NEW MULTIFAMILY RESIDENTIAL BUILDING WITH REDUCED PARKING SPACES, TO WAIVE 25 OF THE REQUIRED 61 PARKING SPACES, PROPOSED 36, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board, at its meeting on April 13, 2009, following an advertised public hearing, adopted Resolution No. ZB-R-09-0020 by a vote of six to zero (6-0), Item No. Z.6, to deny the Special Exception as set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds the application for the Special Exception does not meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the recommendation of the Zoning Board and deny the Special Exception as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommendation of the Zoning Board to deny the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 917.7.2, Reduction in Parking Requirements for Multifamily Residential Development when located in Community Revitalization Districts (CRD), to allow the construction of a new multifamily residential building with reduced parking spaces, to waive 25 of the required 61 parking spaces, proposed 36, for the property located at approximately 401 Southwest 17th Avenue, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on file and subject to a time limitation of twelve (12) months in City of Miami Page I of 2 Printed On: 6/9/2009 City of Miami � rGr Legislation ,titicF r ` Resolution File Number: 06-01657x1 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.7.2, REDUCTION IN PARKING REQUIREMENTS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT WHEN LOCATED IN COMMUNITY REVITALIZATION DISTRICTS (CRD), TO ALLOW THE CONSTRUCTION OF A NEW MULTIFAMILY RESIDENTIAL BUILDING WITH REDUCED PARKING SPACES, TO WAIVE 25 OF THE REQUIRED 61 PARKING SPACES, PROPOSED 36, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board, at its meeting on April 13, 2009, following an advertised public hearing, adopted Resolution No. ZB-R-09-0020 by a vote of six to zero (6-0), Item No. Z.6, to deny the Special Exception as set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds the application for the Special Exception does not meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the recommendation of the Zoning Board and deny the Special Exception as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommendation of the Zoning Board to deny the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 917.7.2, Reduction in Parking Requirements for Multifamily Residential Development when located in Community Revitalization Districts (CRD), to allow the construction of a new multifamily residential building with reduced parking spaces, to waive 25 of the required 61 parking spaces, proposed 36, for the property located at approximately 401 Southwest 17th Avenue, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on file and subject to a time limitation of twelve (12) months in City of Miami Page I of 2 Printed On: 6/9/2009 File Number.' 06-01657x1 which a building permit must be obtained, is affirmed, and the Special Exception is denied. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS. JULIE O. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 6/9/2009